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CASE LAW I. IN GENERAL A. General Principles B. Other Remedies 1. Traditional Maritime Remedies 2. Federal Law Remedies 3 Remedies by State Law C. Foreign Involvement 1. In General 2. Place of Injury 3. Flag or Ownership of Vessel a. In General b. Foreign Ownership c. Foreign Vessels with American Interests 4. Nationality of Seaman 5. Other Factors II. PERSONS ABLE TO RECOVER A. Seamen 1. General Principles a. In General b. Status as Seaman 2. "Vessel in Navigation" a. In General b. Status of Vessel c. Particular Vessels 3. Particular Seamen B. Representatives of Seamen III. EMPLOYMENT A. In General B. Particular Entities as Employers C. In Course of Employment IV. NEGLIGENCE A. In General B. Vicarious Liability 1. In General 2 Particular Acts of Crew C. Circumstances of Injury 1. Assault a. In General b. Assaults Among Crew & Officers 2. Improper Supervision a. In General b. Particular Acts 3. Medical Care 4. Particular Properties of Vessel & Dock 5. Other Circumstances V. DEFENSES A. Seaman's Conduct 1. Comparative Negligence 2. Assumption of Risk 3. Particular Circumstances B. Release C. Limitations of Actions 1. Statutory Limitations 2. Laches D. Collateral Estoppel & Res Judicata E. Limitation of Liability F. Other Defenses VI. DAMAGES A. In General B. Damages for Injury 1. Elements of Damages 2 Award Deductions C. Wrongful Death 1. Elements of Damages 2. Computation of Award VII. PRACTICE & PROCEDURE A. State Court Actions B. Jurisdiction 1. In General 2. Bases of Jurisdiction C. Venue 1. In General 2. Bases of Venue 3 Forum Non Conveniens D. Election of Remedies 1. In General 2. Particular Remedies E. Institution of Action F. Pleadings and Motions 1. Complaint 2. Answer 3. Motions G. Removal and Remand H. Discovery I. Jury 1. Right To Jury Trial 2. Submission of Issues J. Evidence 1. In General 2. Plaintiff's Burden of Proof 3. Defendant's Burden 4. Admissibility K. Appeal and Review L. Settlement
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injuries arising out of a motor vehicle accident is generally
two years from the date of the accident.
It should be noted, however, that there are
exceptions to this rule- for example, claims
against the City and County of Honolulu and
the various other Counties must be filed with the appropriate agency
within six (6) months of the date of the accident.
For some claims the deadline is extended by statute to two years from
the date of the last no fault, worker's compensation or
public assistance benefit payment related to the accident,
if such payments are made.
You must file your claims in
court prior to the expiration of such deadlines, or your
claims may be lost—regardless of their merit.
To be wise it is recommended that you immediately contact an attorney
after an accident giving rise to injuries occurs- please do not
hesitate to :
suffering, mental anguish, loss of enjoyment of life, wage
loss in excess of that paid by No Fault (PIP) and various other
losses caused by a motor vehicle accident. However, there
are also a few other situations in which recovery for these
additional losses may be possible. These situations include
(1) accidents arising out of conduct for which punitive
damages could be awarded, (2) accidents resulting in death,
(3) accidents causing permanent loss of use of a part or
function of the body, (4) accidents giving rise to permanent
serious disfigurement which causes mental suffering,
and (5) accidents in which the No Fault (PIP)
benefits are exhausted and a few other situations. 